Employer Nomination Scheme

Employer Nomination Scheme (Subclass 186)

The Employer Nomination Scheme is a permanent visa, and requires the nominating employer to be operating in Australia. The employee needs to show a higher level of skill than for a 457 visa, but otherwise the criteria are broadly similar to the 457 visa.

There are two stages to the ENS Subclass 186 application:

Nomination: Involves review of the business’ operations as well as the position offered to the employee

Visa Application: There are three possible pathways which may require a skills assessment, English language testing and health and police checks

Application Pathways

There are three possible application pathways for an ENS visa:

Temporary Residence Transition: Where applicants have worked with the employer on a 457 visa for the last 2 years. In this case, no skills assessment is required and an English level equivalent to IELTS 5 is required.

Direct Entry Stream: The employee will need to provide a formal skill assessment in their occupation, and show that they have worked in their occupation for three years. The required English level is IELTS 6 equivalent.

Agreement Stream: Where the employer has a Labour Agreement

ENS visas require a significantly higher level of documentation that a 457 visa. Difficulties which can be encountered in applying for ENS visas include:

Obtaining skills assessments – each skills assessing authority has different criteria, but in some circumstances this requirement can be avoided

Demonstrating that the employer meets the “satisfactory record of training” requirement

Showing exceptional circumstances where visa applicants would not meet the usual requirements for Age, English language ability and skill level